RTA Webinar: Questions Answered on Tenancy Law Changes

Introduction

• Host: Lynne Smith from the education team at RTA
• Guest: Mark Fidler
• Acknowledgment of traditional landowners and elders
• Focus on questions from previous months regarding tenancy law changes
• Importance of seeking independent legal advice

Overview of Tenancy Law Changes

• Housing Legislation Amendment Act passed in October 2021
• New laws implemented in stages
• Focus today on changes effective October 1, 2022:
  • Pets
  • Ending tenancies
  • Repair orders and amendments

Framework for Negotiating Renting with a Pet

Application Process for Pets

• Tenants must use form 21 (Request to Keep a Pet) available on RTA website
• Include details and a photo of the pet for informed decision
• Owners must respond within 14 days: approval or refusal
  • If no response, pet is deemed approved

Resolving Disputes

1. Self-Resolution:
   • Tenant and owner/manager discuss to resolve issues
2. Dispute Resolution Service:
   • If unresolved, apply for conciliation
3. Tribunal Application:
   • Non-urgent application if conciliation fails

Information Needed for Pet Approval

• Detailed pet information required on Form 21
• Suggestions for additional documents:
  • Certificates (e.g., puppy school, vet)

Pet-Related Responsibilities

• Damage by pets not considered fair wear and tear
• Tenants responsible for nuisance caused by pets

Owner's Rights Regarding Pets

• Owners with allergies can refuse pets with evidence
• Companion dogs vs. working dogs:
  • Working dogs exempt from approval process
  • Companion animals require documentation

Property Suitability for Pets

• Tenants may request to add a fence if property lacks one
• Agreement must be documented

Body Corporate Approval

• Body corporates may have separate rules
• If no response in 14 days, owner must likely refuse until approval given

Ending a Tenancy

New Grounds to End Tenancy

• Without grounds provision removed
• New grounds for owners include:
  • End of a fixed term
  • Significant repairs
  • Owner moving in/selling property
• New grounds for tenants include:
  • Property not in good repair
  • Death of co-tenant
  • Owner non-compliance with repair orders

Re-letting Restrictions

• Owners cannot re-let for 6 months after certain endings
• Reasonable evidence needed if a complaint is raised

Popular Questions

Notices and Validity

• Notices to leave valid if issued before October 1, 2022
• Notices can be issued alongside a signed lease

Evidence for Ending Tenancy

• Evidence needed for selling property or owner moving in includes:
  • Sale appointment or electricity account
  • Moving invoices

Repairs and Breaches

• Notice for significant repairs does not carry the 6-month re-let restriction
• Breach process remains unchanged
• Tribunal can end tenancy if repairs not completed

Repair Orders

Emergency vs. Routine Repairs

• Tenants must notify owners/managers of repairs
• Emergency repairs: tenants can fix and seek reimbursement
• Routine repairs: apply for dispute resolution if not rectified

New Repair Order Regulations

• Repair orders attached to property, not tenancy
• Owners must disclose repair orders to tenants
• Entry condition report must be completed in 7 days

Common Questions

• Tenants can issue a breach notice for repairs
• Reasonable time frames for repairs depend on type
• Emergency repair costs increased to four weeks rent

Conclusion

• Updated forms available on RTA website
• Encouragement to subscribe to RTA e-news for updates
• Contact RTA for further information and resources

Note: These notes summarize key points from the RTA webinar regarding tenancy law changes, focusing on pets, ending tenancies, and repair orders.